Flat registry pending for 25 years in kolkata

There can be no proper transfer unless the transfer deed- by whatsoever name called- has been registered with proper stamp duty paid.

So it seems that the initial sale itswlf was flawed, and the defect will carry over to subsequent transfers.

In case the local lawyer strategy works out - it doesn't seem to be else you wouldn't be raising his matter - that is the easiest way out, provided the amalgamated copmany itself can prove porper transferof all assets, incldig your property.

Else you could be in for a long haul. The fact of your long posession may be of some help -start saving all relevant documents. Also, look at :

Citation;2014ALLSCR(O.C.C.)230

I know its a bad situation if the builder or Mr X heirs dont support to this situation otherwise the registry of this flat is a breeze process..

I am in a dilemma of whom to approach first as the builder's company is a huge reputed group in today's world and getting the appointement of the director is  next to impossible but he is the only decision maker and I am not sure if he would agree to the sale agreement made between my father and Mr.X even though we have a NOC from Mr.X to the builder in 1991 that he has no objection in transfering the names to my father..however one of his reps told that they don't believe to this NOC paper ...

If I approach Mr.X heirs ( First will have to find their whereabouts which is not easy either..) and if they come to know its  a bad situation they could take advantage and demand money of the situation or else help me come out of the situation ( Depends on their current mood and feelings again) ....If everyhing is ok with them..what papers as of today should I get prepared for them??

Or else we should stay in this flat for as long as many years without the registry as we have been living since 25+ years....but can' claim nor anyone can kick us out..but we can't take any loans or sell this flat either...

Any more options left legally???

Mr. Ronnie,

What a coincidence ! I ,myself  ,am going thru something very similar to your situation. My father got a flat constructed in Kolkata in late 1980s. The builder gave possession in 1988 and my parents lived there until 2016. After parents death, I inherited this flat as per the Will.

I have construction agreement (21pages) and Sale agreement (21 pages) with builder's and witnesses signature etc.  I was told that most of the flats in the building were never registered as the builder was asking exorbitant sum of money for it. 

I found out the builder company was dissolved many years ago (it shows "strike out" in front of its name) Builders whereabouts are unknown now.

I have assessee numbers showing my father was paying property tax for the flat for last 28 years. A search in Municipal records doesnot show title.

I will appreciate if any one can advice as to how I need to proceed to sort this mess.   Possession is still there and no counterclaim is there about this flat.

Also, I was told that the title might still be in buildern company's name (unconfirmed)

Yes..looks we are in the same boat.....let's see what the experts say here...

We too have the possession till date and there has been no counterclaim either...and we are still paying the tax as my father's name is written as liable to pay tax in the Corporation bill but the title is of the builder's name...

Exactly same...My father's name is written as liable to pay tax....in our case, there is no builder's name as that builder's company was dissolved years ago.

Next to my  father's name, there is another name in corporation records and that is name of a women from whom the land was bought by the builder company in mid 1980s.

My father's name is shown that he paid  the tax from 1988 until 2016...after which it shows unpaid balance until this day since both parents were no more by July 2016. 

Ronnei, How did you find out that the title is in builder's name ?

In Kolkata, if you have the assesse number, you can find out the details through the corporation website.

I did put assessee number on KMC website.  Mutation status came out BLANK.   Recorded owner came out: my father;s name and the name of the lady who sold the land to builder company in 1985.  

What does this mean ?  Whose name the title deed is in ?  Thanks.

It's in your father's name and the lady who sold it...

Any expert looking to post / put down his views on the above situation??

Mr. Ronnie,

Nobody seems to be answering our question.

I have a lawyer in Kolkata who is trying to find out what the deal is with this unregistered flat situation. 

I will let you know what I find out.

Originally posted by : Aks
	Mr. Ronnie, Nobody seems to be answering our question. I have a lawyer in Kolkata who is trying to find out what the deal is with this unregistered flat situation.  I will let you know what I find out.

Thanks...you can leave your number in pm too!

Ronnie,

I have been researching this issue of unregistered flat which I inherited by Last will of my father.  There are a few things I learnt:

(1) If there is uninturrupted, peaceful possession for 30 years..this is called "adverse possesion" than  this becomes a very strong proof that the father was the owner.

(2) If the name of father appears in Kolkata Municipal records where it says "owner" , it makes it even stronger case that he was the owner.

(3) If the property taxes were paid all these years by father and KMC records show it..it makes it very very strong case of  father's ownership.

(4) The lawyers are suggesting that I should file "suit for declaration" with notice in two newspapers and be ready to pay stamp duty to get mutation done in my name.   I am working on this and trying to find out more.

(5) In the meantime, if you have possession of the flat, according to section 53A of Indian succession act, you can stay in the property until someone goes to court and files a case against you to depossess. It is assumed that if you were living in the flat for years  ,you are the owner until proven otherwise.